Skip to main content
Summary Cases

MR. MOTI PARTABRAI TOLANIVsMR. HYDER ALI RAHAT GOLA

CNR MHMM18006705202158-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Acquitted
Decision Date: 12th June 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800021/2021
Registration Date
23 Nov 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 09-12-2021
    Business: complainant present and his advocate present. adj for verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: When called out, complainant present, his advocate present. Hence matter is adjourned for Verification
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: When matter is called out Complainant and his advocate is present Exh. 6- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against the accused u/s. 138 of the Negotiable Instrument Act.
    Adj for summons report
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Hon''ble MM is on leave. charge with Ld. ACMM 9th court, Hence board is discharged.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: When called out. complainant absent his advocate present. accused absent and his advocate present. Exh. 7- VP filed. Exh. 8-  Application for Exemption. Granted.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: NT
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 30-12-2022
    
    Date: 30-12-2022
    Business: When called out. complainant present and his advocate present. accused absent and his advocate present.
    Exh. 9 Application for adjournment and exemption. O/- Granted.
    Exh.10- application for issuance of NBW. O/- Application is rejected.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: When matter is called out Complainant absent and his advocate is present. Advocate for complainant is given application for non bailable warrant. Issued non bailable warrant. Adj for warrant report
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Accused is present with Advocate. Exh.12 Matter is taken on board. Allowed. Exh.13 Advocate for accused is given application for cancellation of non bailable warrant. Warrant is canceled subjected to penalty of Rs. 2000/-. Exh. 14 Application for bail. Accused be released on PB and cash security of Rs.5000/- Exh.15 PB and Cash bond. Exh.16 Plea of accused. Adj for filling of affidavit of evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Exh.17 Advocate for complainant filed affidavit/examination in chief of the complainant. Filed. Exh.18 List of document filed. Exh.19 Application for directing the accused to pay deposit of interim compensation being 20 percent of cheque amount. O/- Accused to say. Adj for say of accused on Exh.19 and cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Adj for say of accused on Exh.19 and cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: when called out. complainant absent. his advocate present. accused absent and his advocate present. Adj for say of accused on Exh.19 and cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Exh.20 application for exemption. granted.
    Adj for cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Exh.19 application for expediting the trial and speedy disposal.   Exh. 20  application for Issuance NBW.. O/- keep for order.  Exh. 21  application for adjournment. and exemption. granted. Exh. 19 Application allowed.
    Adj for cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-01-2024
    
    Date: 01-01-2024
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Adj for cross examination of complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Exh. 35 application for exemption. granted. Exh.36  application for adjournment. O/- rejected. Order below Exh. 17 matter to proceed further without cross examination by the accused.  Exh. 37 application for pursis close evidence. file.d
    Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: when called out. complainant present. his advocate present. accused absent and his advocate present. Exh. 38 application for  issuance of NBW against accused. O/- Hence keep for order.
    Exh. 39 application for exemption. granted last chance.
    Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: L.d M.M is on leave. Hence Board is discharged. Charge with M.M. 71st court.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 71st court. Hence Board is discharged.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: when called out. complainant present. his advocate present. accused present and his advocate present. Exh. 40 VP filed. advocate for accused. Exh. 41application for proceeding with the above matter without statement. rejected.  Exh. 42  application  u/s 311 of CRPC. O. S. to say.
    Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh. 43 Reply u/s 311 of CRPC. seen. Exh. 44 application for exemption.
    Order below Exh. 42
    1. application is allowed subject to costs of Rs. 10000/- to be paid to the complainant within 15 days from today.
    2. Costs are condition precedent to exercise right of cross examination.
    3. Advocate on record for the accused to take note that complainant is senior citizen and the trial is expedited vide order date. 04.12.2023.
    Adj for Statement of the accused u/s 313 of CRPC
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: Board is discharged. As Ld J.M.F.C.is on leave. Charge is with Ld. J.M.F.C..71st court. Adj for
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Ld. JMFC. is on leave charge with Ld. JMFC. 32th court. Hence board is discharge.
    adj for.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present. Exh. 45 application for depositing cost amount. allowed.
    Exh. 46  application for adjournment. granted last chance.
    Adj for Statement of the accused u/s 313 of CRPC
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present.
    Cross examination of CW 01 Moti Pratabrai Tolani by advocate Mr. Samrudha Ludbe for the accused.
    Cross examination is over.
    Statement of the accused u/s 313 of CRPC is recorded.
    Adj for Defence witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present.  application for adjournment. and exemption. granted as a last chance to lead defence evidence.
    Adj for Defence witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: when called out complainant absent and his advocate present. accused present and his advocate present. Exh. 52 pursis for closing evidence. read and record.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 32nd Court.
    Next Purpose: For Final Argument
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present. Exh. 53 application for exemption. granted. Exh. 54  memorandum of argument u/s 314 of CRPC. seen and filed.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present. Exh. 55 application for exemption. granted.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present. Advocate for complainant filed application for NBW. O/- Keep for order. Advocate for accused filed application for exemption. O/- Granted on condition to argument. Adj for judgment.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 22-05-2025
    
    Date: 22-05-2025
    Business: Ld. JMFC is on vacation leave charge with Ld. JMFC 71st court. Hence board is discharge. adj for.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: called on today complainant absent and his advocate present. accused and his advocate present.
    Exh. 60.
    1. Accused is acquitted forcalled on today complainant absent and his advocate present. accused and his advocate present.
    Exh. 60.
    1. Accused is acquitted for the offence punishable u/s 138 of the NI at, 1881 in view of section 255(1) of the Criminal procedure code.
    2. The bail bond of the accused stands cancelled.
    3. The accused to comply sec. 437(A) of Cr. P.C.  and section  481 of the Bhartiya Nagarik Suraksha Sanhita, 2023. and furnish surety for further period of six months from today.
    (Judgment is dictated and pronounced in the open court.) the offence punishable u/s 138 of the NI at, 1881 in view of section 255(1) of the Criminal procedure code.
    2. The bail bond of the accused stands cancelled.
    3. The accused to comply sec. 437(A) of Cr. P.C.  and section  481 of the Bhartiya Nagarik Suraksha Sanhita, 2023. and furnish surety for further period of six months from today.
    (Judgment is dictated and pronounced in the open court.)
    Nature Of Disposal: Accused Acquitted
    Disposal Date: 12-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 7009569/2021
    Filing Date: 10-11-2021
    First Hearing Date: 09th December 2021
    Decision Date: 12th June 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    9
    Final Order 5Full order available
    12 Jun 2025

    Order Details: Copy of Judgment Pdf Text: Summary Case No.5800021/SS/2021 Judgment Exh.57 MHMM180067052021 Filed on : 10.11.2021 Registered on: 10.11.2021 Decided on : 12.06.2025 Duration : 03-Y 07-M 02-D IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Exh.57 Judgment (As per Section 355 of Cr.P.C.) Particulars of offence: A. The serial number of the case : Summary Case No.5800021/SS/2021 (CNR NO.MHMM180067052021) B. The date of commission of the offence : 20.10.2021.…

    Read Full Order
    Interim Order 4
    31 Aug 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 3Full order available
    31 Aug 2024

    Order Details: Copy of Document. Pdf Text: 7 C.C.No.21/SC/2021 CW-1 Exh.17 Witness recalled vide order dated 21.06.2024 at Exh.42. 20. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 31.08.2024 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Moti Pratabrai Tolani by advocate Mr. Samrudha Ludbe for the accused : 21. I am connected with Film Line since 54 years. I…

    Read Full Order
    Interim Order 2Full order available
    21 Jun 2024

    Order Details: Order Below EX 1 Pdf Text: MHMM180067052021 Summary Cases/5800021/2021 MR. MOTI PARTABRAI TOLANI Vs. MR. HYDER ALI RAHAT GOLA IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.42 This is the application filed for setting aside ‘No cross’ order came to be passed against the accused. It is contended on behalf of the accused that the earlier advocate was not in position to take cross examination of the complainant due to not…

    Read Full Order
    Interim Order 1
    04 Dec 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 4
    31 Aug 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 3Full order available
    31 Aug 2024

    Order Details: Copy of Document. Pdf Text: 7 C.C.No.21/SC/2021 CW-1 Exh.17 Witness recalled vide order dated 21.06.2024 at Exh.42. 20. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 31.08.2024 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Moti Pratabrai Tolani by advocate Mr. Samrudha Ludbe for the accused : 21. I am connected with Film Line since 54 years. I…

    Read Full Order
    Order 2Full order available
    21 Jun 2024

    Order Details: Order Below EX 1 Pdf Text: MHMM180067052021 Summary Cases/5800021/2021 MR. MOTI PARTABRAI TOLANI Vs. MR. HYDER ALI RAHAT GOLA IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.42 This is the application filed for setting aside ‘No cross’ order came to be passed against the accused. It is contended on behalf of the accused that the earlier advocate was not in position to take cross examination of the complainant due to not…

    Read Full Order
    Order 1
    04 Dec 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.